The opinion of the court was delivered by: McCLURE, District Judge.
On November 15, 1990 David Nahodil was indicted in a
four-count indictment charging firearms violations. Count I
alleged that on or about April 13, 1989, Nahodil used and
carried a Savage combination .22 caliber rifle/20 gauge shotgun
during and in relation to a drug trafficking crime in violation
of 18 U.S.C. § 924(c)(1). Count II charged that Nahodil, a
convicted felon, possessed the aforementioned rifle in
violation of 18 U.S.C. § 922(g). Count III charged a second
violation of 18 U.S.C. § 922(g) for Nahodil's alleged
possession of a 20 gauge Westernfield shotgun. Count IV alleged
that on or about July 25, 1989, Nahodil made a false statement
in connection with his acquisition of the Westernfield shotgun,
in violation of 18 U.S.C. § 922(a)(6).
On March 14, 1991, a superseding five-count indictment was
filed against Nahodil. Count I of the superseding indictment
charged Nahodil with making a false statement in connection
with his acquisition of the Savage combination .22 caliber
rifle/20 gauge shotgun in violation of 18 U.S.C. § 922(a)(6).
The remaining four counts of the superseding indictment are
identical to the original four-count indictment.
Nahodil entered into a plea agreement whereby he agreed to
plead guilty to Count II of the superseding indictment charging
him with using or carrying a firearm in relation to a drug
trafficking crime in violation of 18 U.S.C. § 924(c)(1), and
the United States agreed to dismiss the four remaining counts
in the superseding indictment. The plea agreement was executed
by Nahodil and United States Attorney James J. West on May 22
and May 24, 1991, respectively. As a result of the plea
agreement, a change of plea hearing was held on May 31, 1991.
At the hearing, Nahodil pled guilty to Count II of the
superseding indictment, which charged that:
On or about the 13th day of April, 1989, in Coal
Township, Northumberland County, Commonwealth of
Pennsylvania, within the Middle District of
Pennsylvania and within the jurisdiction of this
Court, the Defendant, David L. Nahodil, knowingly
used and carried a firearm, specifically a Savage
combination .22 rifle/20 gauge shotgun, Model 24C,
Serial Number B727089, during and in relation to a
drug trafficking crime for which he may be
prosecuted in a court of the United States, to
wit: distribution and possession with intent to
distribute a controlled substance.
In violation of Title 18 United States Code,
COURT: Did you pick up the gun?
DEFENDANT: Your Honor, she asked me about it and
I, I tried to explain it to her, it's used to go
hunting with me, Your Honor.
COURT: Was it in the bedroom with you?
DEFENDANT: Yes, sir, it was on the gun rack.
COURT: And while she was up in that room you did
pick it up and show it to her?
DEFENDANT: Yes, sir, but not as a threat.
COURT: Did you ask Christine to bring you some